Town of Millsboro, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Millsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-1987 by Ord. No. 37; amended in its entirety 2-7-2005]
A. 
The International Building Code, 2003 Edition, and all subsequent editions (including Appendix Chapters A, C, D, G, and J), and, as applicable, the International Residential Code, 2003 Edition, and all subsequent editions (including Appendix Chapters A, E, and F), are hereby adopted by reference as the Building Code and Residential Code of the Town of Millsboro. This chapter ("Building Construction") and Chapter 109 (Floodplain Management) of the Town Code shall govern the issuance of building permits in the event of any conflict between said provisions and the provision of the International Building Code and the International Residential Code as adopted by reference by this § 70-1.
B. 
The following sections of the International Building Code, 2003 Edition, are hereby revised:
(1) 
In § 101.1, insert "Town of Millsboro."
(2) 
In § 1612.3, insert "Town of Millsboro."
(3) 
In § 1612.3, insert "June 16, 1995."
(4) 
In § 3410.2, insert "March 1, 2005" [effective date].
(5) 
Strike Chapter 13 in its entirety and substitute in lieu thereof the following: The Town of Millsboro hereby adopts the Energy Code for the State of Delaware, as such is set forth and described in 16 Del. C. § 7602 and as the same may be amended from time to time.
[Added 3-5-2012]
C. 
The following sections of the International Residential Building Code are hereby revised:
(1) 
In § R101.1, insert "Town of Millsboro."
(2) 
In § R313, strike the existing section in its entirety, and substitute in lieu thereof, the following:
[Added 2-7-2011; amended 5-2-2011]
An automatic fire sprinkler system may be, but is not required to be, installed in residential dwellings, including, but not limited to, single-family homes and townhomes. Where an automatic fire sprinkler system is not installed, the building components in garages, ceilings, and roof assemblies must be constructed of materials with at least a one-hour fire resistance rating and must be installed so as to prevent the passage of smoke and fire between rooms within the dwelling and/or other buildings or structures.
(3) 
In Table R3012(1), insert "120 mph" (basic wind speed).
(4) 
Strike Chapter 11 in its entirety and substitute in lieu thereof the following: The Town of Millsboro hereby adopts the Energy Code for the State of Delaware, as such is set forth and described in 16 Del. C. § 7602 and as the same may be amended from time to time.
[Added 3-5-2012]
The penalty provided for violations of the International Building Code and the International Residential Building Code, current edition thereof, as set forth therein, is hereby amended by substituting the following:
"Any person, firm or corporation or agent thereof who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this Code, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $50 and shall pay the costs of prosecution. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion during which any violation of any of the provisions of this Code is committed or continued."[1]
[1]
Editor's Note: Former Section 3, dealing with a revision to Subsection 3, § 103.2.2 of the Southern Standard Housing Code, which immediately followed this section, was repealed 7-6-1998.
[Added 8-1-2005]
Appendix B of the International Building Code, 2003 Edition, is amended as follows:
SECTION B101 GENERAL
B101.1 Application. The application for appeal shall be filed on a form obtained from the Building Official within 20 days after notice was served.
B101.2 Membership of Board. The Board of Appeals shall consist of persons appointed by the Mayor as follows:
There is hereby established a Board of Adjustment and Appeals, which shall consist of five members appointed by the Mayor with the consent of Town Council. Such members shall be qualified by experience and training to decide on matters pertaining to building construction and shall not be employees of the Town of Millsboro. Such appointments shall be for a term of five years, each to be assigned on a staggered schedule. The Building Official shall be an ex officio member of said Board but shall have no vote on any matter before the Board. The Mayor may appoint two alternate members, who shall be called by the Board Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership,
B101.2.1 Rules and procedures. The Board is authorized to establish policies and procedures necessary to carry out its duties.
B101.2.2 Chairperson. The Board shall annually select one of its members to serve as chairperson.
B.101.2.3 Disqualifications of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
B.101.2.4 Secretary. The Board of Appeals shall designate a qualified clerk to serve as Secretary to the Board. The Secretary shall file a detailed report of all proceedings in the office of the Town Manager.
B.101.2.5 Compensation of members. Compensation of members shall be determined by law.
B.101.3 Notice of meeting. The Board shall meet upon notice from the Chairperson.
B.101.3.1 Opening hearing. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant's representative, the Building Official and any person whose interests are affected shall be given opportunity to be heard.
B.101.3.2 Procedure. The Board shall adopt and make available to the public through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
B.101.4 Board decision. The Board shall modify or reverse the decision of the Building Official by a concurring vote of two-thirds of its members.
B.101.4.1 Resolution. The decision of the Board shall be by resolution. Certified copies shall be furnished to the appellant and to the Building Official.
B.101.4.2 Administration. The Building Official shall take immediate action in accordance with the decision of the Board.
[Adopted 10-1-1990 by Ord. No. LIV; amended in its entirety 7-3-2006]
[Amended 1-7-2013]
No construction shall be carried on by commercial operators between the hours of 7:00 p.m., prevailing time, and 7:00 a.m. of the following morning, prevailing time, Monday through Saturday of each week inclusive, except for emergency repairs. No construction shall be carried on by commercial operators on Sunday of each week, except for emergency repairs. No construction shall be carried on by commercial operators on Thanksgiving Day and/or Christmas Day, except for emergency repairs.
Any homeowner may engage in construction on his own personal residence, which residence is owner-occupied, except from the hours from 9:00 p.m., prevailing time, and 7:00 a.m. of the following morning, prevailing time, Monday through Sunday, inclusive, except for emergency repairs. Such privilege does not convey the right to violate any of the provisions of the Building Code, nor is it to be construed as exempting any such property owner from obtaining a permit and paying the required fees therefor.
As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION
Includes but is not limited to the following activities: any work in preparation for, participation in or cleaning up from installation or construction of infrastructure, improvements or new structures; renovations to, repairs of, alterations to, modifications to or demolition of structures; removal of trees or other landscaping; installing antennas, cable television, electric, water or sewer; cleaning with power tools; furnishing, delivering, loading or unloading materials or equipment to be used in any of the above-enumerated or similar activities. The term "construction," as used in this article, shall not include the following retail business activities: delivery of merchandise, restocking of shelves, erection of new merchandise displays, and/or relocation within the store of existing displays, merchandise, movable shelving and/or equipment.
[Amended 2-3-2014]